La gestion des DRM en perspective

Section 2- Approaches contractual and financial

One will endeavor to plan different the existing formulas today on the market in order to appreciate the stakes and waitings of the customers in term of management and diffusion of contents for then evoking the new possibilities of remuneration of the authors through a system of DRM.

§1- CGV in force

Practically, to be interested at present has some of the various offers available on the market can enable us to have a more precise idea in the way in which the DRM can interact with the consumers and what they bring as well in terms of right of access as of restrictions.

One will with this intention try to study the most largely possible accessible CGV on the sites and to withdraw from them the lesson which is essential in particular taking into consideration de the rights on the files and the costs associated with those.

With- the associated rights

More generally, the question raised by the sale in line of digital components and in particular of works raises the question of the rights of the user.^209(*) It becomes necessary and desirable to specify the contents of the legitimate use of a work by the owner of « support » except considering that one directs oneself towards a right of access requiring a more specific mode.

1- Right of reading

The whole of the studied gates functions with a reader Windows Media Player^210(*) and only in one environment PC except obviously iTunes which if it functioned only under APPLE/macintosh until recently is now, also, available under PC.

It will be noted that Digifnac^211(*) also offers it, exclusively, of the remote loading under format WMA of share his partnership with OD2 while at the same time since years the whole of the titles in access on its site in www.fnac.com line for thirty seconds listening is accessible only with the reader RealPlayer de RealNetworks...

Nevertheless one will read in the section « Others » of the Wanadoo offer^212(*) that « When we suggest you «using the reader Media Microsoft version X», etc - we do nothing but recommend the tools best adapted to the reading of the titles. We do not make any promise or guarantee as for the performance of these tools. Any complaint on these tools must be made with their editor ».

In the same way, associated to reader WMA, the service remains inoperative under navigators such as Netscape, Opera, Firefox what obviously seems to restrict as much possibilities offered to the consumers who will have to be « compatible » and « counsel » Microsoft to have access to the whole of these services. ^213(*)

One will not study here Rhapsody^214(*) DIGITAL Music Service, subsidiary of Realnetworks which proposes a whole of services and a player different from that of Microsoft. However, it will be noted that according to Grandlnk^215(*), RealNetworks saw the use of its service of music in Rhapsody line growing of 14% in February 2004, with more than 48 million titles diffused with the request, that is to say an average of 1,6 million titles per day.

Rhapsody proposes a catalog of more than 600.000 titles to the diffusion, of which 500000 can be downloaded with the unit with the tariff of 76 hundreds. At December 31, 2003, RadioPass and Rhapsody counted 350.000 subscribers, against 250.000 to September 30, 2003 and 75.000 to December 31, 2002.

* ²⁰⁹ Marlene Trezeguet, technical measurements of protection of a work confronted with the rights of the user, October 14, 2003, www.cejem.com/article.php3?id_article=135

* ²¹⁰ It will be noted that in measurement or OD2 is a distributer having signed an agreement with Microsoft, it diffuses his offer under his format owner, the WMA.

* ²¹¹ http://sib1.od2.com/common/frameset/frames.asp

* ²¹² www.wanadoo.fr/bin/frame2.cgi?u=http%3A//sib1.od2.com/common/config.asp%3Fshop%3D6%26associd%3D7%26clear%3Dtrue%26initialised%3D1

* ²¹³ One will easily include/understand the satisfaction of RealNetworks at the time of the sanction of Microsoft by the European Commission on March 24, 2004. Indeed, judge this decision «  basically important because the Commission formally affirmed that the strategy of Microsoft to integrate Media Player is illegal  ». Philippe Ricard, Brussels wants to put a term at the hegemony of Microsoft, the World, March 24, 2004, p. 19. With the call formulated by Rob Glazer, president and founder of RealNetworks for «  that they open the walkman iPod with technologies external like the RealAudio codes and the solutions of DRM Helix  » (Jerome Bouteiller, RealNetworks wants to work with APPLE and its iPod, 24/03/2004, www.neteconomie.com) Steve Jobs A seems T it answered by the negative one  when it indicates in an interview granted to Wall Street Journal  : «The iPod walk already with the service of music in line n°1 in the world (iTunes Music Blind, note), and iTunes Music Store goes with the world number one of the numerical walkmans. The numbers two are very far behind. Why you would like that we work with numbers 2» (Philippe Astor, APPLE supports on the sales records of the iPod for snober RealNetworks, April 19, 2004, www.zdnet.fr)

* ²¹⁴ www.listen.com/

* ²¹⁵ http://news.grandlink.org/2004-03-08/03-12-334-vendredi.html